DEPARTMENT ORDER NO.

198
Series of 2018
“IMPLEMENTING RULES AND REGULATIONS OF
REPUBLIC ACT NO. 11058 ENTITLED “AN ACT
STRENGTHENING COMPLIANCE WITH
OCCUPATIONAL SAFETY AND HEALTH
STANDARDS AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF”
BUREAU OF WORKING CONDITIONS
Department of Labor and Employment
 BACKGROUND

 The Bill was signed into law last 17

August 2018
 It was published in Manila Bulletin on
22 August 2018

 It becomes effective on 6 September

2018

 The IRR was signed 6 December 2018

EFFECTIVITY OF IRR

Signed : 06 December 2018

Published : 09 January 2019

(Philippine Star)

Effective : 24 January 2019

DECLARATION OF POLI
CY
 The State affirms labor as a primary social and
economic force, and that a safe and healthy
workforce is an integral aspect of nation
building.

 The State shall ensure a safe and healthful

workplace for all working people by affording
them full protection against all hazards in
their work environment.
 CHAPTER II
COVERAGE
This Act shall apply to all establishments,
projects, sites, including Philippine Economic
Zone Authority (PEZA) establishments and all
other places where work is being undertaken
in all branches of economic activity, except in
the public sector.

The Secretary of Labor and Employment

shall issue the appropriate standards of
occupational safety and health for such
purpose based on the number of
employees, nature of operations and the
risk or hazard involved.
 CHAPTER II
COVERAGE
• It expounded the definition of employer that includes
contractors and sub-contractors.
• It expounded the inclusion criteria of a
workplace.
• Inclusion of provisions for
micro and small businesses
• (based on number of
workers).
DEFINITION OF TERMS *
High risk establishment – refers to a workplace wherein the presence of hazard or
potential hazard within the company may affect the safety and/or health of workers The
following are workplaces commonly associated with potentially high-risk activities:

1. Chemical works and chemical production 11. Power generation, transmission and distribution in
plants; the energy sector;
2. Construction; 12. Storage and distribution center for toxic or
hazardous chemicals;
3. Deep sea fishing;
13. Storage of fertilizers in high volume;
4. Explosives and pyrotechnics factories; 14. Transportation;
5. Firefighting; 15. Water supply, sewerage, waste management,
6. Healthcare facilities; remediation activities;
7. Installation of communication accessories, 16. Works in which chlorine is used in bulk; and
towers and cables; 17. Activities closely similar to those enumerated
8. LPG filling, refilling, storage and distribution; above and other activities as determined by DOLE
9. Mining; in accordance with existing issuances on the
10. Petrochemical works and refineries; classification of establishments.
DEFINITION OF TERMS

Imminent danger – a Low risk establishment Medium risk Micro and Small
situation caused by a – a workplace where establishment – a Enterprises (MSEs) –
condition or practice there is low level of workplace where establishments
in any place of danger or exposure to there is moderate employing less than
employment that safety and health exposure to safety 10 employees and the
could reasonably be hazards and not likely and health hazards establishments
expected to lead to or with low and with probability employing less than
death or serious probability to result in of an accident, injury 100 employees,
physical harm. accident, harm or or illness. respectively,
illness. regardless of
capitalization.
DEFINITION OF TERMS
Occupational Health Personnel – a qualified first-aider, nurse, dentist or
physician engaged by the employer to provide occupational health services
in the establishment, project, site or workplace.

Occupational Safety and Health (OSH) Consultant – a qualified Safety Officer 4 or

its equivalent, duly certified by DOLE to perform and/or render consultative services
on OSH in at least 2 fields of specialization as determined by DOLE.

Occupational Safety and Health (OSH) Practitioner – a qualified Safety Officer 3

or its equivalent, duly certified by DOLE to render occupational safety and health
services in a defined and specific scope or core competency.

Occupational Safety and Health (OSH) standards – a set of rules issued by DOLE
which mandates the adoption and use of appropriate practices, means, methods,
operations or processes, and working conditions to ensure safe and healthful
employment.
DEFINITION OF TERMS

Safety Officer – any Safety Officer 1 (SO1) – Safety Officer 2 (SO2) – Safety Officer 3 (SO3)
employee or officer of an employee who has an employee who has - 40-hour OSH training
the company trained by completed the completed the course applicable to
DOLE or DOLE- mandatory 8-hour mandatory forty 40- the industry
Accredited Training - additional 48 hours
OSH orientation hour OSH training
Organization and of advanced/
course as prescribed course applicable to
tasked by the employer specialized OSH
in the OSH standards the industry as training course
to implement an OSH
program and 2-hour trainer’s prescribed in the OSH - at least 2 years
training standards. experience in OSH
DEFINITION OF TERMS
Safety Officer 4 (SO4) Workplace – any site or location where
- 4o-hour OSH training course workers need to be present or to go to
- 80 hours of advanced/ by reason of their work, and which are
specialized Occupational under the direct or indirect control of
Safety training course the employer
- aggregate of 320 hours of
OSH related training or
experience Worker – any member of the labor
force, regardless of employment
status
Safety Signage – any
emergency, warning or
danger signpost using the
Workers’ OSH Seminar – the
standard colors and sizes,
mandatory 8-hour module conducted
including the standard
by the safety officer of the workplace
symbols for safety
as prescribed by the OSH standards
instructions and warnings in
the workplace
WORKERS’ RIGHT TO K
NOW
 The right to safety and health at work shall
be guaranteed.
 All workers shall be appropriately informed
by the employer about all types of hazards in
the workplace, and provided access to
training and education on chemical safety
and to orientation on data sheet of chemical
safety, electrical safety, mechanical safety,
ergonomics, and other hazards and risks.
WORKERS’ RIGHT TO K
NOW
 All workers, including new hires, shall be
provided training and information for all types
of hazards in the workplace in a language and
dialect that workers can understand.
 A re-orientation on safety and health for
workers in high risk establishments must be
conducted regularly, not less than once a
quarter, and to be conducted immediately
following any changes in the operations and
production process.
WORKERS’ RIGHT TO REFUSE UN
SAFE WORK
 The worker has the right of refusal to work without threat or reprisal
from the employer if, as determined by DOLE, an imminent danger
situation exists.
 As a preventive measure, the safety officer may, following his/her own
determination and without fear of reprisal, implement a work stoppage
or suspend operations in cases of imminent danger.

 The employer or safety officer cannot require the

workers to return to work where there is a
continuing imminent danger.
WORKERS’ RIGHT TO REFUSE UN
SAFE WORK
 A worker may also refuse to work until the lifting of the Work Stoppage
Order (WSO) after implementing the appropriate corrective measures

 Workers affected by the existence of an imminent danger situation may

be temporarily assigned to other areas within the workplace provided
there is no impending issue with safety and health.

 Section 24 of this Rules shall apply during the period

of such WSO or suspension of operations due to an
imminent danger situation.
 WORKERS’ RIGHT TO REPORT A
CCIDENTS
 Workers and their representatives shall have the
right to report accidents, dangerous
occurrences, and hazards to the employer, to
DOLE and to other concerned competent
government agencies.

 Reporting of accidents to DOLE may be made through any

means of communication, including the DOLE hotline, whichever
is most convenient to the worker. The same may be reported to
the nearest DOLE Regional, Field, Provincial or Satellite Office
having jurisdiction over the place of the incident.
WORKERS’ RIGHT TO
PERSONAL PROTECTIVE EQUIPMEN
T (PPE)
Every employer, contractor or subcontractor, if any,
shall provide his/her workers, free of charge, PPE for
any part of the body that may be exposed to
hazards, and lifeline, safety belt or harness, gas or
dust respirators or masks, and protective shields
whenever necessary by reason of the hazardous
work process or environment, chemical,
radiological, mechanical, and other irritants or
hazards capable of causing injury or impairment in
the function of any part of the body through
absorption, inhalation or physical contact.
OCCUPATIONAL SAFETY AND HEALTH
INFORMATION
The employer, contractor or subcontractor, if any, shall provide the workers in all
establishments, projects and all other places where work is being undertaken adequate
and suitable information on the following:

 Workplace hazards and the risk posed on the safety and health of the
workers such as chemical safety data sheets;
 Control mechanisms in place that reduces or minimizes the risk of
exposure to hazards and other preventive strategies
 Appropriate measures, including the probable location of workers,
for the prevention, control and protection against those hazards; and
 Emergency and disaster management protocols including proper
evacuation and shut-down procedures.

Information materials shall be revised regularly by the OSH committee.

OCCUPATIONAL SAFETY AND HEALT
H COMMITTEE
The establishment shall ensure that the core elements of OSH program are integrated in the company
OSH program such as management commitment and employee involvement, workplace risk
assessment, hazard prevention and control, safety and health training and education, and OSH program
evaluation.
a) For establishments with less than 10 workers and low risk establishments with 10 - 50 workers. – A
SO1 shall establish an OSH committee composed of the following:
Chairperson : Company owner or manager
Secretary : Safety officer of the workplace
Member : At least one (1) worker, preferably a union member if organized

The safety officer of the workplace may also be the owner, manager or his/her
designated representative.

The company owner, manager or one of the workers of the company shall
undertake first aid training from the Philippine Red Cross or any DOLE recognized
organization.
OCCUPATIONAL SAFETY AND HEALT
H COMMITTEE
b) For medium to high risk establishments with 10-50 workers and low to high risk establishments with
51 workers and above. – The OSH committee of the covered workplace shall be composed of the
following:

Ex-officio chairperson : Employer or his/her representative

Secretary : Safety officer of the workplace
Ex-officio members : Certified first-aider, OH nurse, OH dentist, and OH
physician, as applicable
Members : Safety officers representing the contractor or subcontractor,
as the case may be, and representative/s of workers who
shall come from the union, if the workers are organized, or
elected workers through a simple vote of majority, if they
are unorganized
The OSH committee shall effectively plan, develop, oversee and monitor the implementation of
the OSH program.
OCCUPATIONAL SAFETY AND HEA
LTH PROGRAM
c) For 2 or more establishments housed under one building or complex including malls. – When two or
more establishments are housed under one building or complex, the health and safety committee
organized in each workplace shall form themselves into a Joint Coordinating Committee to plan and
implement programs and activities concerning all the establishments.

Chairperson : Building owner or his/her representative such as the building administrator

Secretary : Safety officer of the building or complex appointed by the Chairperson
Members : At least two safety officers from any of the establishment housed under one
building or complex
At least two workers’ representatives, one of which must be from a union if
organized, from any of the establishment housed under one building or
complex

The building administrator shall ensure that the Joint OSH committee shall submit its organizational
plans and minutes to the DOLE Regional office, copy furnished the Bureau of Working Conditions.
SAFETY OFFICER
In the implementation of OSH program, safety officers
shall be employed or designated with the following duties
and responsibilities:

 Oversee the overall management of the OSH program in coordination with the
OSH committee;
 Frequently monitor and inspect any health or safety aspect of the operation
 Assist government inspectors in the conduct of safety and health inspection at
any time whenever work is being performed
 Issue Work Stoppage Order (WSO) when necessary based on the requirements
and procedures provided by the OSH standards
SAFETY OFFICER
Safety officer/s of all
workplace must possess
the necessary training
and experience
requirement according
to its category as
contained herein.

The respective
qualifications of safety
officers are as follows:
SAFETY OFFICER
The number and
qualification of safety
officers shall be
proportionate to the total
number of workers and
equipment, size of work
area, classification of the
workplace and such other
criteria as required by the
OSH standards.

The number and qualification of safety officers shall be proportionate to the total number
of workers and equipment, size of work area, classification of the workplace and such
other criteria as required by the OSH standards.
SAFETY OFFICER
The safety officer shall be required to undergo the prescribed DOLE-
BOSH training orientation or course, advanced OH training courses,
and/or other OSH related training or learning as necessary in the
effective performance of its duties and responsibilities.

Safety officers engaged in micro and small establishments, low to

medium risk, shall be engaged in safety programs including other tasks
designated to him/her by his/her employer.

In the case of a contractor or subcontractor, at least 1 safety officer

must be deployed at each specific area of operations to oversee the
management of the OSH program of its own workforce.
SAFETY OFFICER
Minimum classification and number of safety officer for all covered workplaces shall be as
follows:
SAFETY OFFICER
Minimum classification and number of safety officer for all covered workplaces shall be as follows:

The engagement of the

services of a certified
OSH consultant (SO4)
shall be allowed for a
period not longer than 1
year for establishments
whose designated safety
officer has to be trained
or is in the process of
completing the
prescribed training
courses and relevant
experience.
OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
The number of health personnel, which may be classified as full time (FT) or part-time (PT),
equipment and facilities, and the amount of supplies shall be proportionate to the total
number of workers and the risk or hazard involved in the workplace, the ideal ratio of which
shall be as follows:
Covered workplaces shall
have qualified
occupational health
personnel such as certified
first-aiders, nurses,
dentists, and physicians
duly complemented with
the required medical
supplies, equipment and
facilities.
OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
Every employer covered by this Rules shall provide his/her workers medical services and
facilities and shall not be an excuse by employer from maintaining in his/her workplace a first
aid treatment room or clinic for workers which shall be as follows:
OCCUPATIONAL HEALTH PERSONNEL
AND FACILITIES
The employer may not establish a hospital or dental clinic
in the workplace where there is a hospital or dental clinic
which is located not more than five (5) kilometers away
from the workplace, accessible in not more than twenty-
five (25) minutes travel time, and the employer has
facilities readily available for transporting workers to the
hospital or dental clinic in cases of emergency.

For this purpose, the employer shall enter into a written

contract with the hospital for the use of such hospital for
the treatment of workers in cases of emergency.
SAFETY AND HEALTH T
RAINING

b) All workers shall undergo the mandatory workers’ OSH seminar as prescribed by
DOLE which shall be jointly participated by workers and employers.
Standardized training module for safety and health personnel shall be implemented
and updated regularly as necessary.
The mandatory workers’ OSH seminar may be conducted by the safety officer of the
establishment or any certified OSH practitioner or consultant.
OCCUPATIONAL SAFETY AND HEA
LTH REPORTS

All employers, contractors or subcontractors, if

any, shall submit to DOLE all safety and health
reports, and notifications such as but not
limited to annual medical report (AMR), OSH
committee report, employer’s work
accident/injury report (WAIR), and annual work
accident/injury exposure data report (AEDR).
WORKERS’ WELFARE FA
CILITIES
All establishments, projects, sites and all other places where work is being
undertaken shall have the following free welfare facilities in order to
ensure humane working conditions:
a) Adequate supply of safe drinking water;
b) Adequate sanitary and washing facilities;
c) Suitable living accommodation for workers, as may be applicable
such as in construction, shipping, fishing and night workers;
d) Separate sanitary, washing and sleeping facilities for all gender, as
may be applicable;
e) Lactation station except those establishments as provided for under
DOLE Department Order No. 143-15;
f) Ramps, railings and the like; and
g) Other workers’ welfare facilities as may be prescribed by the OSH
standards and other issuances.
EMPLOYER’S RESPONSIBILITY AN
D LIABILITY
The employer, project owner, contractor,
or subcontractor, if any, and any person
who manages, controls or supervises the
work being undertaken shall be jointly
and solidarily liable for compliance with
occupational safety and health standards
including the penalties imposed for
violation thereof as provided for in this
Rules.
VISITORIAL POWER OF THE DOLE
SECRETARY
All matters arising from the visitorial and enforcement power of the Secretary of
Labor and Employment (SecLab) or his/her duly authorized representatives shall be
governed by the applicable rules on the administration and enforcement of labor
laws pursuant to Article 128 of the Labor Code of the Philippines, as renumbered,
and other laws.

The SecLab or his/her duly authorized representatives with the

appropriate inspection authority shall have the authority to
enforce the mandatory OSH standards in all establishments
and conduct an annual spot audit on its compliance for the
same.
VISITORIAL POWER OF THE DOLE
SECRETARY
Department Order No. 183, Series of 2017 and the manual on
execution of judgments shall govern the procedures in the
conduct of inspection, mandatory conference, issuance of
order and execution thereof.

No person or entity shall obstruct, impede, delay or otherwise

render ineffective the orders of the Secretary of Labor and
Employment or the Secretary’s duly authorized
representatives
representatives issued pursuant to the authority granted under Article 128 of the Labor
Code of the Philippines, and no lower court or entity shall issue temporary or permanent
injunction or restraining order or otherwise assume jurisdiction over any case involving
the enforcement orders.
EMPLOYEE’S COMPENSATI
ON CLAIM
A worker may file claims for compensation
benefit arising out of work-related disability or
death.
Such claims shall be processed independently of
the finding of fault, gross negligence or bad faith
of the employer in a proceeding instituted for
the purpose.
The employer shall provide the necessary
assistance to employees applying for claims.
INCENTIVES TO EMPLOYERS AN
D WORKERS
There shall be established package of
incentives under such rules and regulations as
may be promulgated by the DOLE to qualified
employers and workers to recognize their
efforts towards ensuring compliance with
OSH and general labor standards such as OSH
training packages, additional protective
equipment, technical guidance, recognition
awards and other similar incentives.
PROHIBITED ACTS AND
ITS CORRESPONDING PENALTIES
Any willful failure or refusal
of an employer, contractor
or subcontractor to comply
with the following OSH
standards below or with a
compliance order issued by
the Secretary of Labor and
Employment or his/her
authorized representative
shall be penalized of the
administrative fines as
follows computed on a per
day basis until full
PROHIBITED ACTS AND
ITS CORRESPONDING PENALTIES
Failure or refusal to comply with OSH standards or
compliance order shall be deemed willful when
done voluntarily, deliberately and intentionally.

An employer, contractor or subcontractor who is

found to have repeatedly violated the same
prohibited act shall be penalized of the
corresponding fine plus an additional fine
equivalent to fifty percent (50%) thereof for every
instance of repeat violation.
PROHIBITED ACTS AND
ITS CORRESPONDING PENALTIES
If any of the following acts is present and there is non-compliance, the penalty of one
hundred thousand pesos (₱100,000.00) administrative fine shall be imposed separate
and in addition to the daily administrative fine imposed above:

1. Repeated obstruction, delay or refusal to provide the SecLab or

any of its authorized representatives access to the covered
workplace or refusal to allow access to relevant records and
documents necessary in determining compliance with OSH
standards;
2. Misrepresentation in relation to adherence to OSH; or
3. Making retaliatory measures such as termination of
employment, refusal to pay, reducing wages and benefits or in
any manner discriminates against any worker who has given
information relative to the inspection being conducted.
PROHIBITED ACTS AND
ITS CORRESPONDING PENALTIES
 When the violation exposes the worker to death, serious injury or serious illness, the
imposable penalty shall be one hundred thousand pesos (₱100,000.00)
 Should there be 2 or more be non-compliances, all penalties shall be imposed; provided
that the total daily penalty shall not exceed one hundred thousand pesos (₱ 100,000.00)
 The penalties shall be computed on a per day basis until full compliance reckoned from the
date of the notice of violation or service of the compliance order to the employer without
prejudice to the filing of a criminal or civil case in the regular courts, as the case may be.
 The RD shall, after due notice and hearing, impose the appropriate administrative fines
taking into consideration the damage or injury caused and risk involved including the
severity and frequency of the OSH violations and size of the establishment.
 Fines collected pursuant to this Rules shall be utilized for the operation of OSH initiatives
incentivizing qualified employers and workers in recognition of their efforts towards
ensuring compliance with OSH.
INTER-GOVERNMENT COORDINATI
ON
AND COOPERATION
The DOLE shall be primarily responsible for the
administration and enforcement of OSH laws,
regulations and standards in all establishments and
workplaces to effectively implement the provisions
of RA 11058.

There shall be established an Inter-government

Coordination and Cooperation Committee
composed of the DENR, DOE, DOT, DA, DPWH, DTI,
DILG, DOH, DICT, PEZA and all other government
agencies, including local government units, within
sixty (60) days from the issuance of this Rules.
INTER-GOVERNMENT COORDINATI
ON
AND COOPERATION
It shall regularly convene at least once per quarter, to monitor the effective
implementation of this Rules as well as related programs and projects intended to
prevent and eliminate the incidence of injury, sickness or death in all workplaces
including periodic review of this Rules and all OSH standards.

Workers and employers representatives from the National

Tripartite Industrial Peace Council shall be invited to the meetings
and activities of the Inter-government Coordination and
Cooperation Committee.

There shall be developed an annual work plan and accomplishments

to be submitted to SecLab. The funds for the operation of the Inter-
government Coordination and Cooperation Committee shall be
sourced from the fines collected under this Rules.
SEPARABILITY CLAUSE
If any part, section or provision of this Rules shall be held
invalid or unconstitutional, the other provisions not affected by
such declaration shall remain in full force and effect.
Nothing in this Rules shall repeal any issuances which have
more stringent measures issued by other regulatory agencies
for the achievement of safe and health working conditions for
workers.
REPEALING CLAUSE

All rules and regulations or

other issuances or parts thereof
which are inconsistent with this
Rules are hereby modified or
repealed.
EFFECTIVITY

This Rules shall take effect

fifteen (15) days after its
publication in a newspaper of
general circulation.
 CONCLUSION

1. Compliance to OSH remains to be a challenge.

2. Having a specific law for OSH ensures the sustainability

of its implementation.

3. Stiffer penalties is seen as deterrent to would be

violators.

4. Having the structure and resources, the workplace is an

ideal site to implement OSH Programs.

5. Reliable OSH data facilitates the setting of priorities and

also provides the basis for measuring progress
 WAY FORWARD UPDATES

1. Amendments of the OSH Standards

2. Review of Curriculum/Training Modules
for BOSH.
3. Increase OSH Awareness.
4. OSH for MSEs
 THANK YOU
For inquiries, you can reach us at
DOLE Hotline - 1349
askbwc@gmail.com
527-3000 local 303 or 307